Schnader Harrison Segal & Lewis LLP

District Court Holds Contractor Not Liable for Army Helicopter Pilot's Paralysis and Confirms Continuing Viability of Government Contractor Defense

In Linfoot v. McDonnell Douglas Helicopter Co., the United States District Court for the Middle District of Tennessee granted McDonnell Douglas Helicopter Co.’s (“MDHC”) motion for summary judgment dismissing failure to warn…more

Affirmative Defense, Defense Sector, Failure To Warn, Federal Contractors, Summary Judgment

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New Amendments to Federal Rule of Appellate Procedure 6: Appeal in a Bankruptcy

On December 1, 2014, amendments to various federal rules of practice and procedure took effect. The only amendment to the Federal Rules of Appellate Procedure made three substantive changes to Rule 6, which deals with…more

Appeals, Bankruptcy Code, Federal Rules of Appellate Procedure, Legal Filings, New Amendments

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The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage and…more

Coaches, Colleges, DOL, Exempt-Employees, Final Rules

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New Jersey Appellate Division Rules Specific Searches not Required Before Resorting to Service by Mail

In New Jersey, there are three different means by which service can be effected by mail when the primary method, personal service, is unsuccessful. Each method is unique to the specific situation that gives rise to the resort to…more

Banks, Due Diligence, Foreclosure, Mortgages, Service of Process

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Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining Appealability of Orphans' Court Orders

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure…more

Appeals, Federal Rules of Appellate Procedure, Orphan's Courts

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EEOC Settles First Sexual Orientation Discrimination Suit

The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that it had settled a suit against Pallet Companies (doing business as IFCO Systems) for $202,200. As we previously discussed here, this suit is one of…more

Consent Decrees, EEOC, Hiring & Firing, LGBT, Sex Discrimination

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New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation

On March 17, 2016, the federal Court of Appeals in New York held for the first time as Second Circuit law that a human resources director and other managers can be liable for personally violating another employee’s rights under…more

FMLA, Human Resources Professionals, Managers, Medical Leave, Personal Liability

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Impact of Brexit on Intellectual Property

Now that the dust is settling on the UK’s decision to leave the EU, our clients are asking what this means for them. Change always brings opportunities, as well as challenges, and we are focused on helping our clients understand…more

Copyright, Data Privacy, Data Protection, EU, European Patent Office

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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of…more

Debt, Re-Characterization

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Supreme Court Holds That CERCLA Preemption Is Inapplicable to Statutes of Repose

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), preempts statutes of limitations applicable to state-law tort actions for personal injury or property damage in certain circumstances…more

CERCLA, Contaminated Properties, CTS Corp v Waldburger, Environmental Liability, Environmental Policies

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Is Your Landfill or Other Wasting Asset Fairly Assessed?

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end…more

Appraisal, Asset Valuations, Business Assets, Commercial Real Estate Market, Environmental Liability

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16 Labor & Employment Resolutions for 2016

Chewbacca has announced that he and R2D2 will be challenging Donald Trump for the Republican nomination. And, now that I almost certainly have your attention, it is that time of year again — the time to review and reflect on all…more

Best Management Practices, Employer Liability Issues, FLSA, Wage and Hour

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Third Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record

You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem:…more

Abuse of Discretion, Dismissals, Failure to Prosecute, Judgment As A Matter Of Law, New Trial

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Eighth Circuit Opens Circuit Split on the Scope of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) makes it unlawful for any creditor “to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of . . . marital status.” The statute was…more

Chevron Deference, ECOA, Federal Reserve, Guarantors, Hawkins v Community Bank of Raymore

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Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman v…more

Class Certification, Federal Rules of Civil Procedure, Filing Deadlines

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New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to "Medical Monitoring?"

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled…more

Healthcare, Medical Monitoring

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Fundamental Change to Warranty Law: Consumer Warranties can be Posted online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification…more

E-Warranty Act, FTC, Magnuson-Moss Act, Manufacturers, Notification Requirements

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IRS Shuts Down Work Around for Treating a Partner as an Employee

The IRS has long taken the position that a partner cannot also be an employee of the partnership. The prohibition also applies to persons that hold equity in a limited liability company ("LLC") that is taxed as a partnership –…more

Employees, IRS, Limited Liability Companies, LLC, Partnerships

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The U.S. Supreme Court Unanimously Rules Against the Creditor in Jesinoski

We predicted here that at least five U.S. Supreme Court Justices would reject the creditor’s argument in Jesinoski v. Countrywide Home Loans, Inc. that a borrower must file a lawsuit within three years of the consummation of the…more

Bank of America, Countrywide, Mortgage Lenders, Mortgages, Rescission

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New York's Appellate Division Reverses Collateral Estoppel Ruling Against Payment Bond Sureties in Suit to Enforce Arbitration Award

A recent decision by the First Department of the Supreme Court, Appellate Division, addresses the preclusive effect of arbitration awards in subsequent judgment enforcement suits against payment bond sureties. In Five Star…more

Appeals, Arbitration Awards, Collateral Estoppel, Payment Bond Claims, Subcontracts

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Employers Cannot Shorten Time Frame to Bring Claims Under N.J. LAD

In a decision issued yesterday in Rodriguez v. Raymours Furniture Company, the Supreme Court of New Jersey ruled that provisions in employment agreements shortening the limitations period for bringing claims under the New Jersey…more

Arbitration Agreements, Contract of Adhesion, Employment Contract, Employment Discrimination, Limitation Periods

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IRS Shuts Down Work Around for Treating a Partner as an Employee

The IRS has long taken the position that a partner cannot also be an employee of the partnership. The prohibition also applies to persons that hold equity in a limited liability company ("LLC") that is taxed as a partnership –…more

Employees, IRS, Limited Liability Companies, LLC, Partnerships

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Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA

In a recent decision, the Third Circuit took sides in a split between U.S. Circuit Courts of Appeal over what action borrowers must take to exercise their right to rescind a loan under the Truth in Lending Act (TILA). It ruled…more

Disclosure Requirements, Lenders, Mortgages, Notice Requirements, Rescission

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The "Separate Entity Rule" Remains Alive and Well in New York State

On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question…more

Appeals, Asset Freeze, Banks, Foreign Subsidiaries, Judgment Creditors

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Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling

One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a…more

Federal Sentencing Guidelines, Habeas Corpus, Litigation Strategies, SCOTUS

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Nonprofit Law Revitalization Comes to New York

On December 18, 2013, New York Governor Andrew Cuomo signed into law the Nonprofit Revitalization Act of 2013 which modernizes the New York nonprofit corporation law. The Act overwhelmingly passed both houses of the New York…more

Andrew Cuomo, Audits, Board of Directors, Conflicts of Interest, Corporate Governance

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EEOC Files its First Sexual Orientation Suits Under Title VII

The EEOC has filed its first lawsuits accusing employers of gender bias for discriminating against employees on the basis of sexual orientation. The complaints are grounded in the theory that the protections in Title VII of the…more

EEOC, Employer Liability Issues, Enforcement Actions, Sexual Orientation Discrimination, Title VII

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FAA Releases Commercial Drone Regulations

On Tuesday, the FAA issued its long-awaited commercial drone regulations allowing for a wide range of unmanned aircraft operations without further FAA approval. These regulations are contained in new 14 C.F.R. Part 107 and will…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Liability Insurance, Registration Requirement

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The DOL's Final Overtime Rule: Survival Strategies for Nonprofit Organizations

Under the Department of Labor’s final overtime rule, the threshold salary level for white collar exempt employees will increase from the current $455 per week to $913 per week ($47,476 per annum) on December 1, 2016. The new…more

DOL, FLSA, Minimum Salary, Non-Profits, Wage and Hour

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Impact of Brexit on Intellectual Property

Now that the dust is settling on the UK’s decision to leave the EU, our clients are asking what this means for them. Change always brings opportunities, as well as challenges, and we are focused on helping our clients understand…more

Copyright, Data Privacy, Data Protection, EU, European Patent Office

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Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and…more

Best Practices, Clery Act, Colleges, Dating Violence, Department of Education

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Flying Fenway Bat Calls New Attention to the Baseball Rule

A tragic accident often leads to calls for re-examination of a long-accepted part of culture. This past week, after a broken bat at Fenway Park seriously injured a fan, commentators are calling for a re-examination of the…more

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Keeping an Eye on "Pervasive Regulation" in Aviation and its Effect on Implied Federal Preemption

Earlier this month, the Ninth Circuit issued another opinion regarding the scope of federal preemption in the context of federal aviation regulations. In National Federation of the Blind v. United Airlines Inc. (No. 11-16240),…more

ADA, Aviation Industry, Discrimination, Federal Aviation Administration (FAA), Preemption

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The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff's Putative Class Action

On Wednesday, the U.S. Supreme Court announced that class-action defendants may not moot a named plaintiff’s claim simply by extending an offer of judgment that satisfies the putative lead plaintiff’s demand for damages. The…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Mootness, Rule 68

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Obtaining Relief from Penalties Related to IRS Form 1098-T Filing Deficiencies

It has been reported that many colleges and universities have received IRS Notices assessing significant penalties for failing to provide accurate or complete information on IRS Forms 1098-T. Going forward, colleges and…more

Colleges, Deficiency Notices, Filing Deadlines, Form 1098-T, IRS

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Third Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record

You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem:…more

Abuse of Discretion, Dismissals, Failure to Prosecute, Judgment As A Matter Of Law, New Trial

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Recent New York Decision Reaffirms Limits to Surety's Liability on a Delay Claim Made Under a Payment Bond

Advanced Automatic Sprinkler Co., Inc. v. Seaboard Surety Co., Inc., No. 650321/2001, N.Y.L.J. 1202678994141, at (Sup. Ct. New York County Dec. 3, 2014), the Court (Hon. Marcy Friedman) granted the defendant surety’s motion for…more

Construction Contracts, General Contractors, No-Damages-For-Delay Provisions, Payment Bonds, Public Projects

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The American Taxpayer Relief Act of 2012 and What It Means to You

On Jan. 2, 2013, President Obama signed the “American Taxpayer Relief Act of 2012” (the “Act”) which was passed by the House and Senate the previous day to avoid the so-called “fiscal cliff.” The Act prevents many of the tax…more

Alternative Minimum Tax, American Taxpayer Relief Act, Business Taxes, Capital Gains, Dividends

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Fundamental Change to Warranty Law: Consumer Warranties can be Posted online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty notification…more

E-Warranty Act, FTC, Magnuson-Moss Act, Manufacturers, Notification Requirements

See All Updates »

The "Separate Entity Rule" Remains Alive and Well in New York State

On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question…more

Appeals, Asset Freeze, Banks, Foreign Subsidiaries, Judgment Creditors

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Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a passenger…more

Aviation Industry, Causation, Disclaimers, Federal Aviation Administration (FAA), International Litigation

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Two Recent Opinions Reflect Important Developments in Heightened Ascertainability for Class Certification

“Ascertainability”—that is, whether class members can be ascertained with administrative efficiency—continues to develop as a significant issue in class certification. Two recent opinions, Brecher v. Republic of Argentina, No…more

Ascertainable Class, Class Action, Class Certification, Indirect Purchasers, Putative Class Actions

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Consider a Private Foundation to Fulfill Your Philanthropic Goals

There are a variety of vehicles through which individuals and families can promote their charitable giving goals, and private foundations are often a leading choice. Simply stated, a private foundation is a type of charitable…more

Charitable Donations, IRS, Private Foundations

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Sowing Uncertainty: Navigating Patent Disputes and Antitrust Scrutiny Post King Drug

On June 26, 2015, the Third Circuit issued an opinion in King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., (Case No. 14-1243). King Drug. The opinion, which already has been extensively commented on and scrutinized,…more

ANDA, Antitrust Violations, FTC v Actavis, Generic Drugs, GlaxoSmithKline

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Greasing the Wheels of Safety: NTSB Updates Regulations Governing Reports and Proceedings

New regulations governing National Transportation Safety Board investigative hearings, meetings, reports and petitions for reconsideration are set to go into effect on January 25, 2016. In general, the new regulations streamline…more

Administrative Hearings, ICAO, Investigations, NTSB

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The Pennsylvania Capital Stock Tax is no More––Now What?

With the April 15 deadline for calendar year Pennsylvania Corporate Tax Report (RCT-101) filers right around the corner, it is worth remembering that the Pennsylvania Capital Stock/Foreign Franchise Tax (“CS/FFT”) has finally…more

Business Entities, Capital Formation, Franchise Taxes, Stock Ownership

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Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a passenger…more

Aviation Industry, Causation, Disclaimers, Federal Aviation Administration (FAA), International Litigation

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NJ Banks May Not Face Common Law Tort Claims for Improper Electronic Funds Transfers

The New Jersey Supreme Court in a matter of first impression held that a non-customer of a bank cannot bring a common law negligence claim against that bank for an improper money transfer via the Internet. In ADS Associates…more

Banks, Breach of Duty, EFTA, Money Transfer, Uniform Commercial Code (UCC)

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Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a passenger…more

Aviation Industry, Causation, Disclaimers, Federal Aviation Administration (FAA), International Litigation

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Texas Plaintiff Takes Another Swing at the "Baseball Rule"

For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not…more

Bodily Injury, Sports, The Baseball Rule

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An Injunction By Another Name May Still Immediately Be Appealed

The Third Circuit recently reaffirmed its authority to hear appeals from district court interlocutory orders that grant prospective equitable relief under 28 U.S.C. § 1292(a)(1), even where injunctive relief had not expressly…more

Declaratory Judgments, Injunctive Relief, Insurance Industry, Insurance Litigation, Summary Judgment

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Greasing the Wheels of Safety: NTSB Updates Regulations Governing Reports and Proceedings

New regulations governing National Transportation Safety Board investigative hearings, meetings, reports and petitions for reconsideration are set to go into effect on January 25, 2016. In general, the new regulations streamline…more

Administrative Hearings, ICAO, Investigations, NTSB

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Reprieve Granted to Philadelphia Tax-Exempt Property Owners

In response to an overwhelming outcry from the Philadelphia nonprofit community, the Philadelphia Office of Property Assessment (OPA) has extended to June 1, 2015 the filing deadline for nonprofits to certify that they continue…more

Non-Profits, Property Tax, Recertification, Tax Exemptions

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Saving Fans from Themselves (and Foul Balls): Class Action suit aims to raise nets and take down the Baseball Rule

“The slaughter pen” is the early 1900s term to describe the seating area behind baseball’s home plate before the age of nets or fencing shielded them from wild pitches and foul balls. While the game has come a long way…more

Assumption of the Risk, Baseball, Class Action, Sports, The Baseball Rule

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Supreme Court Holds That Solicitation of Clients is Not a Permitted Use Under the Driver's Privacy Protection Act

On June 19, 2013, in Maracich v. Spears, No. 12-25, the Supreme Court of the United States issued an opinion interpreting the Driver’s Privacy Protection Act (the DPPA), which prohibits the use of personal information from motor…more

DPPA, Driving Records, General Solicitation, Motor Vehicles, Personally Identifiable Information

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Notice Clarifies Provider List Requirements For Hospital Facilities Under Section 501(R)

On December 31, 2014, the Internal Revenue Service (IRS) issued final regulations under Section 501(r) of the Internal Revenue Code (IRC), which requires a hospital facility to establish a written financial assistance policy…more

Financial Assistance Policies, Hospitals, Internal Revenue Code (IRC), IRS, Non-Profits

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Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error…more

Clear Error Standard, De Novo Standard of Review, Patent Infringement, Patent Litigation, Patents

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Sowing Uncertainty: Navigating Patent Disputes and Antitrust Scrutiny Post King Drug

On June 26, 2015, the Third Circuit issued an opinion in King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., (Case No. 14-1243). King Drug. The opinion, which already has been extensively commented on and scrutinized,…more

ANDA, Antitrust Violations, FTC v Actavis, Generic Drugs, GlaxoSmithKline

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Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity

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Third Circuit Weighs In On Application Of Daubert At Class Certification Stage

Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did not,…more

Class Action, Class Certification, Daubert Standards, Expert Witness, FRCP 23(b)(3)

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NJ Adopts Final Regulations on Criminal Background Inquiries

New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Hiring & Firing, Job Applicants

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Gingko, Roses, or Just Filler? The New York Attorney General's Attack on Supplements

We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but…more

Advertising, Dietary Supplements, False Advertising, FDA, GNC

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Lift of Prohibition on Same-Sex Marriages in Pennsylvania Provides New Estate Planning Opportunities

On May 20, 2014, in the case of Whitewood v. Wolf, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania’s ban on same-sex marriages. Like many of the rulings…more

Estate Planning, Estate Tax, Marriage, Same-Sex Marriage

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Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a passenger…more

Aviation Industry, Causation, Disclaimers, Federal Aviation Administration (FAA), International Litigation

See All Updates »

Third Circuit Rejects New Jersey's Effort to Sanction Sports Wagering

Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities. In…more

Gambling, PASPA, Sports, Sports Betting

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Maryland Expands the Potential for Manufacturer Liability in Failure to Warn Cases by Adopting an Exception to the Bare Metal Defense

Product manufacturers in Maryland have successfully argued for at least the last 16 years that, in terms of warnings, they are only responsible for products that they themselves have placed in the stream of commerce. In other…more

Asbestos, Distributors, Duty to Warn, Manufacturers, Negligence

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Impact of Brexit on Intellectual Property

Now that the dust is settling on the UK’s decision to leave the EU, our clients are asking what this means for them. Change always brings opportunities, as well as challenges, and we are focused on helping our clients understand…more

Copyright, Data Privacy, Data Protection, EU, European Patent Office

See All Updates »

Contact

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